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After four months’ suspension, On August 31, the Munich local court heard the case on Qiaqia Sunflower Seeds Company’s allegation of OKAI’s infringement of its trademarks and act of unfair competition.
OKAI argues that the Qiaqia products are also distributed by a company in Frankford, and the Fly to Sky figure trademark is not used on the package. In parallel, the trademark in question is also not used on Qiaqia company web site. So the unfair competition is not constituted.
Qiaqia claims that the evidence presented by OKAI are smuggled products brought from China by the Frankford company. Since the product should be distributed by Qiaqia in China, and the logo is also the exclusive mark of Qiaqia, the logo will not be seen on the package and web site.
During the hearing, the court attempted to mediate the two parties, but was refused at last.
The second hearing will be conducted soon. We will follow the development of the case.
(by Yang Qiang)
From:CHINA REPORT INTELLECTUAL PROPERTY